Abraxane Patent Expiration

Abraxane is a drug owned by Bristol-myers Squibb Co. It is protected by 32 US drug patents filed from 2013 to 2019. Out of these, 15 drug patents are active and 17 have expired. Based on its patents and exclusivities, its generic launch date is estimated to be Jul 12, 2034. Details of Abraxane's patents and their expiration are given in the table below.

Drug Patent Number Drug Patent Title Drug Patent Expiry Status
These drug patents focus on the other aspects of the drug like dosage, mode of administration (oral, tablet, capsules, liquids etc).
US9511046

(Pediatric)

Methods of treating pancreatic cancer
Jul, 2034

(9 years from now)

Active
US9511046 Methods of treating pancreatic cancer
Jan, 2034

(9 years from now)

Active
US9393318

(Pediatric)

Methods of treating cancer
Sep, 2032

(7 years from now)

Active
US9597409

(Pediatric)

Methods of treating cancer
Sep, 2032

(7 years from now)

Active
US9393318 Methods of treating cancer
Mar, 2032

(7 years from now)

Active
US9597409 Methods of treating cancer
Mar, 2032

(7 years from now)

Active
US8034375

(Pediatric)

Combinations and modes of administration of therapeutic agents and combination therapy
Feb, 2027

(2 years from now)

Active
US8268348

(Pediatric)

Combinations and modes of administration of therapeutic agents and combination therapy
Aug, 2026

(1 year, 8 months from now)

Active
US7758891

(Pediatric)

Combinations and modes of administration of therapeutic agents and combination therapy
Aug, 2026

(1 year, 8 months from now)

Active
US9101543

(Pediatric)

Combinations and modes of administration of therapeutic agents and combination therapy
Aug, 2026

(1 year, 8 months from now)

Active
US8034375 Combinations and modes of administration of therapeutic agents and combination therapy
Aug, 2026

(1 year, 7 months from now)

Active
US7758891 Combinations and modes of administration of therapeutic agents and combination therapy
Feb, 2026

(1 year, 2 months from now)

Active
US9101543 Combinations and modes of administration of therapeutic agents and combination therapy
Feb, 2026

(1 year, 2 months from now)

Active
US8268348 Combinations and modes of administration of therapeutic agents and combination therapy
Feb, 2026

(1 year, 2 months from now)

Active
US7820788

(Pediatric)

Compositions and methods of delivery of pharmacological agents
Apr, 2025

(4 months from now)

Active
US7820788 Compositions and methods of delivery of pharmacological agents
Oct, 2024

(a month ago)

Expired
US8138229

(Pediatric)

Compositions and methods of delivery of pharmacological agents
Jun, 2024

(6 months ago)

Expired
US8314156

(Pediatric)

Compositions and methods of delivery of pharmacological agents
Jun, 2024

(6 months ago)

Expired
US7923536

(Pediatric)

Compositions and methods of delivery of pharmacological agents
Jun, 2024

(6 months ago)

Expired
US8314156 Compositions and methods of delivery of pharmacological agents
Dec, 2023

(1 year, 10 days ago)

Expired
US8138229 Compositions and methods of delivery of pharmacological agents
Dec, 2023

(1 year, 10 days ago)

Expired
US7923536 Compositions and methods of delivery of pharmacological agents
Dec, 2023

(1 year, 10 days ago)

Expired
US8853260

(Pediatric)

Formulations of pharmacological agents, methods for the preparation thereof and methods for the use thereof
Apr, 2021

(3 years ago)

Expired
US8853260 Formulations of pharmacological agents, methods for the preparation thereof and methods for the use thereof
Oct, 2020

(4 years ago)

Expired
USRE41884 Reduction of intravenously administered nanoparticulate-formulation-induced adverse physiological reactions
Aug, 2016

(8 years ago)

Expired
US5498421 Composition useful for in vivo delivery of biologics and methods employing same
Mar, 2013

(11 years ago)

Expired
US6749868 Protein stabilized pharmacologically active agents, methods for the preparation thereof and methods for the use thereof
Feb, 2013

(11 years ago)

Expired
US5439686 Methods for in vivo delivery of substantially water insoluble pharmacologically active agents and compositions useful therefor
Feb, 2013

(11 years ago)

Expired
US6096331 Methods and compositions useful for administration of chemotherapeutic agents
Feb, 2013

(11 years ago)

Expired
US6537579 Compositions and methods for administration of pharmacologically active compounds
Feb, 2013

(11 years ago)

Expired
US6506405 Methods and formulations of cremophor-free taxanes
Feb, 2013

(11 years ago)

Expired
US6753006 Paclitaxel-containing formulations
Feb, 2013

(11 years ago)

Expired


A patent's expiry date may change depending upon legal activities going on that patent. Critical activities like abandoning of a patent, term extension of a patent or amendment of its claims can increase or decrease the life of a patent hence affecting its expiry date and in turn affecting the generic launch date of that drug. Tracking these ongoing activities on a patent application helps to keep an eye on the latest developments in the patent process of the drug which can give an idea of how early a drug's generic could be available. The next section provides a list of recent legal activities on Abraxane's patents.

Given below is the list of recent legal activities going on the following patents of Abraxane.

Activity Date Patent Number
Patent litigations
Maintenance Fee Reminder Mailed 08 Jul, 2024 US8314156 (Litigated)
Payment of Maintenance Fee, 8th Year, Large Entity 22 May, 2024 US9511046
Payment of Maintenance Fee, 12th Year, Large Entity 06 Mar, 2024 US8268348 (Litigated)
Payment of Maintenance Fee, 8th Year, Large Entity 03 Jan, 2024 US9393318
Payment of Maintenance Fee, 12th Year, Large Entity 06 Sep, 2023 US8138229 (Litigated)
Payment of Maintenance Fee, 12th Year, Large Entity 29 Mar, 2023 US8034375
Payment of Maintenance Fee, 8th Year, Large Entity 25 Jan, 2023 US9101543
Payment of Maintenance Fee, 12th Year, Large Entity 28 Sep, 2022 US7923536
Payment of Maintenance Fee, 12th Year, Large Entity 13 Apr, 2022 US7820788 (Litigated)
Payment of Maintenance Fee, 8th Year, Large Entity 23 Mar, 2022 US8853260


While patent expiration is one way of estimating the generic date of a drug, if a patent gets invalidated somehow, the generic of the drug may arrive early. Being aware of all relevant patents can help in avoiding legal pitfalls. Given below are details of the litigation history of Abraxane and ongoing litigations to help you estimate the early arrival of Abraxane generic.

Abraxane's Litigations

Abraxane been subject to various legal proceedings, including patent litigations. The earliest legal proceeding was initiated on Apr 04, 2017, against patent number US8853260. The petitioner Actavis LLC, challenged the validity of this patent, with ABRAXIS BIOSCIENCE, LLC as the respondent. Click below to track the latest information on how companies are challenging Abraxane's patents.

Last updated on December 17, 2024
Patent Proceeding Filing Date Status Respondent Petitioner
Patent litigations
US7820788 November, 2017 Terminated-Settled
(13 Jul, 2018)
Abraxis BioScience, LLC Apotex Inc.
US7923536 November, 2017 Terminated-Settled
(13 Jul, 2018)
Abraxis Biosciences, LLC Apotex Inc.
US8138229 November, 2017 Terminated
(13 Jul, 2018)
Abraxis BioScience, LLC et al. Apotex Inc. et al.
US7820788 April, 2017 Terminated-Settled
(08 May, 2018)
ABRAXIS BIOSCIENCE, LLC Actavis LLC
US7820788 November, 2017 Terminated-Denied
(08 May, 2018)
Abraxis Biosciences, LLC Cipla Ltd.
US7923536 April, 2017 Terminated-Settled
(08 May, 2018)
ABRAXIS BIOSCIENCE, LLC Actavis LLC
US7923536 November, 2017 Terminated-Denied
(08 May, 2018)
Abraxis Biosciences, LLC Cipla Ltd.
US8138229 April, 2017 Terminated-Settled
(08 May, 2018)
ABRAXIS BIOSCIENCE, LLC, Actavis LLC
US8138229 November, 2017 Terminated-Denied
(08 May, 2018)
AbraxisBiosciences, LLC Cipla Ltd.
US8853260 April, 2017 Terminated-Denied
(11 Oct, 2017)
ABRAXIS BIOSCIENCE, LLC Actavis LLC


FDA has granted some exclusivities to Abraxane. Till the time these exclusivities are active, no other company can market a generic or bioequivalent version of Abraxane, regardless of the status of it's patents. These exclusivities hence play a crucial role in delaying the generic launch. Given below are details of the exclusivities granted to Abraxane.

Exclusivity Information

Abraxane holds 6 exclusivities. All of its exclusivities have expired in 2023. Details of Abraxane's exclusivity codes and their expiration dates are given below.


Drug Exclusivity Drug Exclusivity Expiration
New Indication(I-658) Oct 11, 2015
New Indication(I-676) Sep 06, 2016
Orphan Drug Exclusivity(ODE) Sep 06, 2020
Orphan Drug Exclusivity(ODE-52) Sep 06, 2020
M(M-14) Dec 06, 2022
Pediatric Exclusivity(PED) Jun 06, 2023

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Several oppositions have been filed on Abraxane's European patents. EP oppositions can significantly impact the timeline for the generic launch of drugs. If an opposition results in the revocation or amendment of a patent, it can shorten the exclusivity period of the original drug. This can lead to an earlier entry of generic versions into the market. To help you estimate the potential early arrival of Abraxane's generic, the next section provides detailed information on ongoing and past EP oppositions related to Abraxane patents.

Abraxane's Oppositions Filed in EPO

Abraxane has faced multiple oppositions in the European Patent Office. The earliest opposition was filed on Aug 01, 2012, by Generics [Uk] Limited. This opposition was filed on patent number EP06735710A. Click below to reveal the latest opposition data.


Application Filing Date Opposition Party Legal Status
Patent litigations
EP14737791A Feb, 2022 Accord Healthcare Revoked
EP14737791A Feb, 2022 Teva Pharmaceutical Industries Ltd. Revoked
EP14737791A Jan, 2022 Generics [UK] Limited Revoked
EP17165979A Apr, 2020 Generics (UK) Ltd Revoked
EP17165979A Apr, 2020 Teva Pharmaceutical Industries Ltd Revoked
EP03799876A Mar, 2019 Teva Pharmaceutical Industries Ltd Revoked
EP03799876A Mar, 2019 Wittkopp, Alexander Revoked
EP11763292A Jun, 2017 Generics (UK) Ltd Revoked
EP11763292A Jun, 2017 Teva Pharmaceutical Industries Ltd Revoked
EP06735710A Aug, 2012 MediGene Aktiengesellschaft Revoked
EP06735710A Aug, 2012 Generics [UK] Limited Revoked


US patents provide insights into the exclusivity only within the United States, but Abraxane is protected by patents in multiple countries. Understanding the full scope of patent protection is crucial in strategizing market entry. By looking at the broader patent landscape, you can identify markets with weaker patent protection which could be ideal generic entry points. The following section offers details on Abraxane's family patents as well as insights into ongoing legal events on those patents.

Abraxane's Family Patents

Abraxane has patent protection in a total of 31 countries. It's US patent count contributes only to 20.6% of its total global patent coverage. 3 countries have all of their patents expired or invalidated which has opened up potential generic launch opportunities in these countries. Click below to unlock the full patent family tree for Abraxane.

Family Patents

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Generic Launch

Generic Release Date:

Abraxane's generic launch date based on the last expiry date of its patents and exclusivities combined is estimated to be Jul 12, 2034 (This date is subject to change depending upon the patent filing activities by the drug owner or exclusivity additions to its drug application)

Abraxane Generic API suppliers:

Paclitaxel is the generic name for the brand Abraxane. 15 different companies have already filed for the generic of Abraxane, with Hospira having the maximum number of approved applications. Check out the entire list of companies who have already received approval for Abraxane's generic

How can I launch a generic of Abraxane before its drug patent expiration? :

You can seek FDA approval to launch a generic drug before the expiration of Abraxane's patents related by providing a 'paragraph IV certification' in your application, which states that the patent submitted by the Abraxane's sponsor is invalid, unenforceable, or will not be infringed by your generic product.

Given below are the details of the already filed Para IV certificates on Abraxane -

Strength Submission Date ANDA(s) Filed First applicant approval Last patent expiry 180 day status
100 mg/vial 11 Dec, 2015 1 27 Oct, 2024

Alternative Brands for Abraxane

Abraxane which is used for treating tumors, breast cancer, lung cancer, and pancreatic cancer., has several other brand drugs in the same treatment category . Given below is the list of those companies and their brand drugs, to help you identify new opportunities, assess competitors, and plan your market strategies more effectively.

Drug Owner Drug Name Treatment Area
Ipsen
Onivyde Used for treating metastatic pancreatic adenocarcinoma that has progressed on gemcitabine-based therapy.





About Abraxane

Abraxane is a drug owned by Bristol-Myers Squibb Co. It is used for treating tumors, breast cancer, lung cancer, and pancreatic cancer. Abraxane uses Paclitaxel as an active ingredient. Abraxane was launched by Bristol-Myers in 2005.

Approval Date:

Abraxane was approved by FDA for market use on 07 January, 2005.

Active Ingredient:

Abraxane uses Paclitaxel as the active ingredient. Check out other Drugs and Companies using Paclitaxel ingredient

Treatment:

Abraxane is used for treating tumors, breast cancer, lung cancer, and pancreatic cancer.

Dosage:

Abraxane is available in powder form for intravenous use. Given below is detailed information on Dosage -

Strength Dosage Form Availability Application Pathway
100MG/VIAL POWDER Prescription INTRAVENOUS


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